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re: California refuses to turn over voter rolls in the investigation into voter fraud

Posted on 6/29/17 at 8:37 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 6/29/17 at 8:37 pm to
what's fricked up is the FEC could just issue an agency interpretation of some reg that says they have the power to demand rolls, and Chevron would kick in and that would likely be sufficient. Chevron is a plague
Posted by VOLhalla
Knoxville
Member since Feb 2011
4421 posts
Posted on 6/29/17 at 8:38 pm to
FYI

quote:

The letter, sent to the secretaries of state of all 50 states and obtained by The Hill, directs states to turn over “publicly-available voter roll data including, if publicly available under the laws of your state, the full first and last names of all registrants, middle names or initials if available, addresses, dates of birth, political party (if recorded in your state), last four digits of social security number if available, [and] voter history from 2006 onward”


LINK

The Trump admin wants a lot of info

This post was edited on 6/29/17 at 8:39 pm
Posted by Errerrerrwere
Member since Aug 2015
38279 posts
Posted on 6/29/17 at 8:38 pm to
I don't disagree.

But I know that they can be sued in court to update the voter rolls, as has been done in a few states already.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73444 posts
Posted on 6/29/17 at 8:41 pm to
quote:

The Trump admin wants a lot of info
Publically available.
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 6/29/17 at 8:42 pm to
quote:

But I know that they can be sued in court to update the voter rolls, as has been done in a few states already.
But that's a big step from requiring states to provide:
quote:

the full first and last names of all registrants, middle names or initials if available, addresses, dates of birth, political party (if recorded in your state), last four digits of social security number if available, [and] voter history from 2006 onward”
Posted by Errerrerrwere
Member since Aug 2015
38279 posts
Posted on 6/29/17 at 8:42 pm to
If judicial watch can file a lawsuit; why can't the DOJ?

LINK

And this lawsuit has to do with ROLLS!
This post was edited on 6/29/17 at 8:44 pm
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 6/29/17 at 8:46 pm to
quote:

And this lawsuit has to do with ROLLS!
Yes. And states being compelled to:
quote:

Both the NVRA and the federal Help America Vote Act require states to take reasonable steps to maintain accurate voting rolls.
is not the same as turning over voter rolls to the federal government.
quote:

If judicial watch can file a lawsuit; why can't the DOJ?
Then do it. And if it gets to SCOTUS who do you think is going to favor the feds. Gorsuch?
This post was edited on 6/29/17 at 8:49 pm
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73444 posts
Posted on 6/29/17 at 8:47 pm to
quote:

If judicial watch can file a lawsuit; why can't the DOJ?
May happen.
Posted by VOLhalla
Knoxville
Member since Feb 2011
4421 posts
Posted on 6/29/17 at 8:48 pm to
If everything the Trump admin wants is already public info why aren't they just compiling the data themselves? I'm sure many states don't want to endure the expense of creating excel spreadsheets for the federal government when there's no law requiring them to do so.

If I were the California Secretary of State and I got that letter I'd write back pointing them to the state website and tell them to do their own damn leg work
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10230 posts
Posted on 6/29/17 at 8:49 pm to
I think it's possible as well. I'd need to think through it, but I suspect they have standing and basis.
This post was edited on 6/29/17 at 8:49 pm
Posted by Errerrerrwere
Member since Aug 2015
38279 posts
Posted on 6/29/17 at 8:49 pm to
Ok. So the DOJ couldn't file the same lawsuit in a federal court against the state of California?

Then Trump has his information...but I've seen you arguments, been a part of trying to follow your circular logic, and it always ends up with you saying this and not saying that.

So, I'm going to just concede. I'm in too much of a bliss with all this MAGA this week to expend the energy of fricking with you.

But if your daddy Trump wants those ROLLS; your daddy is going to get those ROLLS.

Capisce?
This post was edited on 6/29/17 at 8:52 pm
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 6/29/17 at 8:50 pm to
quote:

I think it's possible as well. I'd need to think through it, but I suspect they have standing and basis.
And I suspect that if it got to SCOTUS, Gorsuch and the conservatives would rule against the DOJ. But maybe they can count on the big government loving left to rule in their favor.
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 6/29/17 at 8:53 pm to
quote:

Ok. So the DOJ couldn't file the same lawsuit in a federal court against the state of California?
I never said they couldn't file a lawsuit.
quote:

Then Trumo had his information.
If the final filing is in DOJ's favor. Again, if it made it to SCOTUS, how do you think Gorsuch and the right would rule?
quote:

and it always ends up with you saying this and not saying that.
We're talking about the Constitution and laws, they are comprised of "this and not that."
quote:

But if your daddy Trump wants those ROLLS; your daddy is going to get those ROLLS.
Such a leftist stance, but good for you putting it out there.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73444 posts
Posted on 6/29/17 at 8:53 pm to
quote:

I'm sure many states don't want to endure the expense of creating excel spreadsheets for the federal government when there's no law requiring them to do so.
Federal highway funds say you will be my bitch.
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10230 posts
Posted on 6/29/17 at 8:55 pm to
I'll engage for a moment. It depends how it's framed. I can envision, and so can you, several arguments where Gorsuch would take the fed's position.

Immigration for one, and that's probably not even the best argument, but might be the easiest one.

I'll hang up now while you try to rewrite the Constitution.
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 6/29/17 at 8:56 pm to
quote:

I'll hang up now while you try to rewrite the Constitution.
No need to rewrite something that explicitly gave election powers to the states and the legislature.
This post was edited on 6/29/17 at 8:58 pm
Posted by OnTheGeaux
Har Tavor
Member since Oct 2009
3067 posts
Posted on 6/29/17 at 8:59 pm to
In addition, an independent requirement in 42 U.S.C. 1974 mandates that all records and papers relating to any application, registration, or other act requisite to voting in any election for federal office, be preserved for a period of twenty-two months from that federal election. Since voter registration is unitary and permanent, this obligation is ongoing, such that registration records must be preserved as long as the voter registration to which they pertain is considered an “active” one under local law and practice, and those records cannot be disposed of until the expiration of twenty-two months following the date on which the registration ceased to be “active.” Hence, States should maintain all written records related to applications to register to vote as well as declinations to register to vote. The Department of Justice can require that such records be produced for inspection and copying through a written demand, and a lawsuit to enforce such demand.

LINK - Section 40
This post was edited on 6/29/17 at 9:01 pm
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73444 posts
Posted on 6/29/17 at 9:01 pm to
Well that about ends this thread.
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 6/29/17 at 9:03 pm to
quote:

The Department of Justice can require that such records be produced for inspection and copying through a written demand, and a lawsuit to enforce such demand.
So the DOJ can request
quote:

States should maintain all written records related to applications to register to vote as well as declinations to register to vote.
Well then they can request those records.
This post was edited on 6/29/17 at 9:05 pm
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10230 posts
Posted on 6/29/17 at 9:05 pm to
While that's true, once again you ignore the most obvious and plausible counter argument. I'm going to guess, and not take time to look it up, there is probably federal code giving certain federal departments access to voter rolls, and probably court tested precedent.

In fact, I'm almost positive. Why won't I take time to look it up? I don't care that much, and you'd just move on to something else designed for argument, while adding very little reasonable content.
This post was edited on 6/29/17 at 9:07 pm
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